On The Mitigation Of Sentencing For Victims Of Domestic Violence In The Act Of "restricting Violence With Violence"

The problem of domestic violence has been widespread in the societies and families of all countries in the world since ancient times.Until today in the 21 st century,it is still a serious social problem that exists universally and cannot be eliminated.In recent years,with the constant exposure of the media,from Li Yang,the founder of Crazy English,to Jiang Jinfu’s recently happened,some well-known public figures gradually fade out of the public’s sight because of domestic violence.At the same time,the social topic of domestic violence has revived and re-entered the public’s vision.Long-term domestic violence is bound to breed some subsidiary problems,especially for women who are perennially exposed to the shadow of domestic violence.Because of their natural differences in strength comparison with men who are perpetrators of domestic violence,they are very easy to take extreme measures in resisting domestic violence.Some abused women may take the means of killing their husbands thoroughly on impulse.Getting rid of domestic violence makes them transform their identity from victim to victim at the same time of ending domestic violence thoroughly,but this method makes them not only have time to support their children or parents after self-rescue,but also fall into the abyss of crime and imprisonment,resulting in more social contradictions.In China’s current judicial practice,such cases,namely "murder of husband by battered women",are mostly classified as intentional homicide by courts in judgments.However,there are some views in criminal law circles that the act can be justified and at least excessively defended.At the same time,some courts in our country consider the circumstances behind each case can not help but sigh,so they are all sentenced.We will adopt light punishment,but through the study of this kind of cases,there are still some cases with similar circumstances,but different sentences have been received.This phenomenon of "different sentences in the same case" still exists widely at present.Therefore,this article aims at the conviction and sentencing of this kind of abused women’s homicide cases in our judicial practice,focusing on this kind of behavior.The qualitative analysis,starting with the case,combines the current academic theory,such as "battered women’s syndrome" and "the theory of anticipated possibility" to carry out a systematic analysis,and at the same time puts forward suggestions on sentencing,with a view to promoting the relevant departments to actively play their roles and help women who are still in the mire of domestic violence to use the right methods to get out of the predicament at an early date.